Opinion
97-2440 (JAG)
November 18, 2003
Claudio Aliff, Esq., Pablo Landrau, Esq., Aldarondo López Bras, San Juan, Puerto Rico, for Plaintiff
María Soledad Piñeiro, Esq. Luis Pabón Roca, Esq. Griselle González, Esq. San Juan, Puerto Rico, for Defendents
ORDER
On August 27, 2003, defendant Southwestern Consortium ("Consorcio Suroeste") and other codefendants in this case entered into a settlement agreement (Docket No. 196). In said agreement, the Consorcio Suroeste agreed to pay plaintiff's $600,000.00. The Court approved the settlement agreement and has retained jurisdiction over the matter until payment is fully satisfied (See Docket No. 199).
As of this date, nine (9) out of the ten (10) municipalities that comprise the Consorcio Suroeste have made available to plaintiff's 9/10 of the settlement sum, to wit, $540,000.00. The Municipality of Maricao, however, has not provided its 1/10 share as of this date. More so, the Consorcio Suroeste does not have any monies to satisfy the remaining sum owed, as its funds are entirely federal grants which cannot be used to satisfy a judgment in a political discrimination case such as this.
P.R. Laws Ann. tit. 21 § 4051(p) allows municipalities to form a consortium. Once the participating municipalities have approved its creation, the same enjoys separate juridical personality, as would a partnership under the Puerto Rico Civil Code. Id.
Pursuant to Articles 1588 and 1589 of the Civil Code, P.R. Laws Ann. tit. 31 §§ 4371 and 4372, the members of a partnership are jointly and severally liable for the debts incurred by the partnership which exceed its assets. Asociación de Proprietarios v. Santa Bárbara Co., 112 D.P.R. 33, 49 (1982); In re San Juan Dupont Plaza Hotel Fire Litigation. 687 F. Supp. 716, 722 (D.P.R. 1988). More so, pursuant to Article 1590 of the Code, P.R. Laws Ann. tit 31 § 4373, a creditor may attach either a debtor's patrimony or his participation in a partnership. See Torruella Serrallés v. Créditoe Inv. San Miguel. 113 D.P.R. 24, 34 (D.P.R. 1982); In re Torruella Serrallés. 684 F.2d 170, 170(1st Cir. 1982).
Given the above, the Municipality of Maricao is hereby ORDERED to deposit in this Court within seven (7) days the sum of $60,000. The failure to do so shall result in an order of attachment.
The U.S. Marshal shall serve copy of this order on the Municipality of Maricao and its Mayor, the Hon. Gilberto Perez.
SO ORDERED.